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Tax Law

 

The Tax Law Practice Group at Jackson & Campbell, P.C. specializes in tax planning for all types of taxpayers, including non-profits, for-profit corporations, international business structures, estates, and individuals. In addition, our attorneys represent clients before the Internal Revenue Service as well as state and local taxing jurisdictions, whether applying for recognition of exempt status; under civil examination; or subject to collection actions and liens/levies. Jackson & Campbell’s attorneys zealously represent clients before the IRS, and patiently work through the bureaucracy to reach the best solution for the client taxpayer. In addition, we work with clients to achieve the business structure that best satisfies the client’s business model and purpose, while minimizing the tax burden imposed, whether domestic or foreign. Our attorneys also keep abreast of current legislation and IRS guidance, in order to keep clients compliant and on the forefront of any new tax incentives.

Jackson & Campbell attorneys represent all types of taxpayers, including:

  • Private foundations
  • Associations and other nonprofits
  • Estates/Trusts
  • Healthcare entities
  • Individuals
  • Large and small public charities
  • Multi-national corporations
  • Small and mid-market businesses

 

Our attorneys regularly counsel clients in the following areas:

  • State and federal tax controversies/litigation
  • Tax free exchanges
  • Tax planning to achieve tax efficiencies
    – International and/or domestic issues
    – Impact of tax treaties
    – Potential off-shore tax savings
  • Like-kind transactions
  • Lobbying regulations, including Section 501(h) elections
  • Mergers and acquisitions, including tax-free reorganizations
  • Offers in Compromise
  • Planning for estate and gift taxes, including:
    – Addressing the value of an estate, and minimize taxation
    – Family limited partnerships
    – Grantor and non-grantor trusts
    – Unified credit exemption amounts
  • Private foundation issues:
    – Avoid self-dealing, excess business holdings, taxable expenditures, and/or jeopardy investments
    – Assist in maximizing qualifying distributions
    – Equivalency determinations
    – Expenditure responsibility
    – Program related investments
    – Social impact benefit investing
  • Public charity issues, including:
    – Compliance with IRS Form 990
    – Joint ventures
    – Low income housing tax credits
    – Maintaining exempt status
    – Meeting the public support test
    – Pre-approval of scholarship and educational grant making programs
    – Reasonable compensation: 26 Section §4958 rebuttable presumption
    – Unrelated business income tax
  • Release of liens
  • Resolving/abating employment tax civil penalties
  • Review of tax returns, including the new Form 990
  • Current local and state legislation and IRS guidance
  • Employment tax issues
    – Compliance with required IRS Form filings
    – Independent contractor status
    – Payroll tax compliance
  • General tax compliance
  • September 2020
    Client Alert: Employers Liable for Deferred Payroll Taxes
    The Internal Revenue Service has issued guidance for employers who, in response to the President’s Executive Memorandum dated August 8, 2020, choose to defer payroll taxes for employees from September 1, 2020, through December 31, 2020. In Notice 2020-65, issued August 28, 2020, the IRS specified that the deferred payroll taxes are due to the IRS prior to ... Read More
  • August 2020
    Client Alert: Payment Protection Program Grants May Result in Unexpected Taxable Income
    The Paycheck Protection Program (“PPP”) enacted through the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) is the government relief program that provided loans to small businesses to cover payroll, rent or mortgage payments and utilities. The loan may be forgiven under certain prescribed circumstances. The issue for recipients now is how to account for the funds. There ... Read More
  • May 2020
    Client Alert: Economic Impact Payments & The IRS' Return Policy
    In the past several weeks the IRS has issued millions of checks to certain individuals, compliments of a Congress which is desperately trying to keep our economy running. On May 6, 2020, the IRS issued several new Q&A’s on its website addressing what recipients should do if an Economic Impact Payment (“EIP”) is received and the name on the check is ... Read More
  • April 2020
    Client Alert: Sorting Through The Various COVID-19 Relief Programs and Conflicting Guidance on Loan Forgiveness
    Small businesses and charities may be sorting through the various programs recently enacted and signed into law, trying to figure out which one is best. While each business or charity is unique and no one option is best for all, bets can be hedged and more than one program may be utilized. The Paycheck Protection Program (“PPP”) enacted through the ... Read More
  • April 2020
    Client Alert: Additional Help For Individuals From The Tax Code
    The COVID-19 pandemic was designated under the Stafford Act as a national emergency on March 13, 2020. By doing so, the federal government opened a new area for tax-free help to those impacted directly by the disease, or indirectly due to the shelter-in-place directives. Section 139, enacted after 9/11, allows employers, or really anyone so inclined, to provide “qualified disaster relief ... Read More
  • April 2020
    Client Alert: The Families First Act, the CARES Act, and IRS Guidance for Employers
    The Families First Coronavirus Response Act (FAMILIES FIRST ACT), Public Law No. 116-127 (March 18, 2020), and the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT), Public Law No. 116-136 (March 27, 2020) provide relief to employees and employers (including nonprofits) during this pandemic. The relief provided by the FAMILIES FIRST ACT is in the form of additional paid ... Read More
  • March 2020
    Client Alert: Internal Revenue Service Suspends Certain Collection Actions
    On March 25, 2020, the Internal Revenue Service (“IRS”) introduced its “People First Initiative” in which it will suspend certain tax collection activities currently ongoing and limit the number of new collection actions.  These limitations will run initially from April 1, 2020, through July 15, 2020.  The implication from the IRS is that the July 15th end date ... Read More
  • December 2019
    End of the Calendar Year: A Good Time to Confirm Compliance Issues for Businesses
    Corporations, limited liability companies (LLCs), and other business entities are certainly aware of the need to make certain end of year decisions for income tax purposes, but it also is a good time to perform a business audit for possible state, local, and personal property tax return deadlines. It is also advisable for businesses to review other corporate compliance issues, such ... Read More
  • August 2019
    Commercial Recordation/Transfer Tax Increase and Mandatory Use of New FP7
    The Washington, D.C. Office of Tax and Revenue has issued an official notice of the increase on transfer and recordation tax on commercial properties where the consideration (real or imputed) is more than $2 million. The increase is effective on October 1, 2019 and is scheduled to expire on September 30, 2023. A ... Read More
  • April 2019
    Conservation Easements: Saving Our Green Spaces or Illegal Tax Shelters?
    A property owner who donates an easement of his or her property to a charitable organization for conservation or historical purposes is permitted to take a charitable deduction for the value of that donated property easement. The statutory requirements are set forth in Internal Revenue Code §170(h). There are many conservation easements that are fulfilling the intent of the legislation ... Read More
  • March 2019
    Department of Labor Proposes New Overtime Rules
    Employers will recall during the Obama administration that the salary threshold for determining overtime eligibility under the Fair Labor Standards Act was changed from $23,660 per year to $47,476.00 per year. Many employers modified their own employment policies to meet the new standard despite the federal regulations never being implemented due to a successful court challenge. The Trump administration has ... Read More
  • March 2019
    Revocable Trusts and Real Property in Washington, D.C.
    When thinking about transferring a Washington, D.C. real property into a revocable trust, there are several considerations to take into account. Beginning Steps: To ensure the transfer occurs properly, a deed has to be recorded. A transfer is usually exempt from transfer and recordation taxes, provided that the trust is revocable and that the grantor remains the beneficiary. Deductions: In most circumstances, the property ... Read More
  • February 2019
    Tax Planning for Nonresident Aliens Who Own US Property
    Individuals who are not citizens or residents of the United States, known as nonresident aliens (NRA), need to be aware of the U.S. estate and gift taxes that will be applicable to their U.S. fixed assets, for example, U.S. real estate. If an NRA owns fixed assets located in the ... Read More
  • January 2019
    Excise Tax on Nonprofits: Executive Compensation
    Many tax-exempt organizations will now be required to pay an excise tax on any compensation over $1 million paid to each of their top five employees. That amount of compensation, including end-of-career parachute payments, may be subject to the corporate tax rate, which is currently 21 percent. Internal Revenue Code section 4960, enacted as part of the Tax Cuts and Jobs ... Read More
  • December 2018
    Tax Treaty Interpretation: Nonjusticiable Political Question?
    The U.S. Court of Appeals for the District of Columbia reversed and remanded the lower court’s decision in a case involving the interpretation of the US-Switzerland tax treaty. In Starr International Company, Inc. v. United States, No. 1:14-cv-01593  (D.C. Cir. Dec. 7, 2019), Starr sought a tax refund for a portion of the 30 percent withholding taxes automatically ... Read More
  • October 2018
    Are Business Lunches Entertainment?
    The new tax legislation, called the Tax Cuts and Jobs Act (TCJA) eliminated most deductions for client entertainment expenses. Prior law allowed a 50 percent deduction for both meals and entertainment expenses, and so there was no need for businesses to differentiate between the two categories. The newly enacted TCJA eliminated deductions for entertainment, amusement, and recreation expenses, but ... Read More
  • September 2018
    Pending Emergency Legislation to Affect Tax Sales and Recordation Tax on Leases
    The Washington, D.C. Council is considering B22-922: Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 which, among many provisions, contains a few changes of interest to real estate practitioners which are found here. Recordation Tax: On leases in excess of 30 years, the Washington, D.C. government may determine the fair market value of the leasehold interest ... Read More
  • May 2018
    Conservation Easements: Congress Giveth and the IRS & Tax Court Taketh Away
    By: Nancy Ortmeyer Kuhn, Esq. Charitable conservation easements have long been controversial, and there was some concern that the new tax legislation enacted in December 2017[1] would limit the conservation easement charitable deduction.  However, there were no limits placed upon conservation easements, and even the syndicated easements[2] were left alone.  This particular area of the law is ... Read More
  • March 2018
    Government Must Prove Specific Interference With Targeted Tax-Related Proceedings For Tax Obstruction Charge
    IRS code makes it a crime under 26 U.S.C. sec. 7212(a) to “obstruct or impede, or endeavor to obstruct or impede, the due administration of” the Internal Revenue Code, either “corruptly or by force or threats of force.” The IRS investigated Carlo Marinello, and ultimately charged him with several violations of the tax code, including for tax obstruction under Section ... Read More
  • February 2018
    Key Provisions of the Tax Cuts and Jobs Acts
    By:  Nancy Ortmeyer Kuhn, Esq. The “Tax Cuts and Jobs Act” or “TCJA” is the new tax law effective for tax years beginning January 1, 2018 or later.  TCJA has many interconnected parts and it is not yet completely clear how some of these parts will co-exist to impact certain taxpayers.  Already, many questions have arisen regarding interpretation of terms and ... Read More
  • November 2017
    Exempt Organizations: Tax Reform Provisions to Watch
    Part II:  Senate and House proposals By Nancy Ortmeyer Kuhn, Chair of Jackson & Campbell's Tax Group The Joint Committee on Taxation released the Senate’s “Description of the Chairman’s Mark of the ‘Tax Cuts and Jobs Act’” on November 9, 2017.  The Ways and Means Committee of the U.S. House of Representatives previously released its long-awaited tax bill on November 2, ... Read More
  • November 2017
    Exempt Organizations: Tax Reform Provisions to Watch
    By Nancy Ortmeyer Kuhn, Chair of Jackson & Campbell's Tax Group The Ways and Means Committee of the U.S. House of Representatives released its long-awaited tax bill on November 2, 2017.  The bill is entitled Tax Cuts and Jobs Act, H.R. 1  (“TCJA”).  Note that there is nothing in the title referencing “tax simplification”.  The full text of the bill ... Read More
  • August 2017
    Upcoming Event: How Women Lead
    How Women Lead Featuring Flora D. Darpino, 39th U.S. Army Judge Advocate General ... Read More
  • July 2017
    Charitable Conservation Easements
    RP Golf, LLC, lost its appeal and its claim of a $16.4 million charitable tax deduction for its donation of a conservation easement on its two golf courses.  On June 26, 2017, the Eighth Circuit affirmed the U.S. Tax Court’s opinion, holding that not all of the detailed requirements for charitable conservation easements had been complied with in a timely ... Read More
  • July 2017
    The United States as a Tax Haven for Non-Citizens:  QDOT’s to the Rescue
    Now that Switzerland and other off-shore locations are not as attractive to those wishing to safeguard their funds, the United States has emerged as a tax haven, of sorts, with several states providing friendly incentives for investors who are not U.S. citizens. However, foreign investors need to be aware of their potential liability for estate taxes.  U.S. property owned by ... Read More
  • February 2017
    Forgiven Debt – Taxable to the Borrower?
    Generally, if a borrower is required to pay a sum certain at a specific time, the obligation is considered “debt” under the Internal Revenue Code.  If the lender forgives a portion, it has “cancelled” the debt and the borrower must declare and take into income the dollar amount cancelled.  A lender may unilaterally decide that a debt is not collectable ... Read More